Xxxxxxxx I definition

Xxxxxxxx I is defined in the first paragraph of this Settlement Agreement.

Xxxxxxxx I is a lawsuit filed on March 7, 2011 in the United States District Court for the Northern District of California alleging, among other things, that the defendants breached their fiduciary duties and wasted corporate assets in connection with Parent’s alleged violations of the Foreign Corrupt Practices Act of 1977 (“FCPA”), Parent’s severance payments made to Xxxx Xxxx (a former Chairman of Parent’s board of directors and Parent’s Chief Executive Officer), and Parent’s acquisition of 3PAR Inc. The lawsuit also alleges violations of Section 14(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) in connection with Parent’s 2010 and 2011 proxy statements. On February 8, 2012, the defendants filed a motion to dismiss the lawsuit. On October 10, 2012, the court granted the defendants’ motion to dismiss with leave to file an amended complaint. On November 1, 2012, the plaintiff filed an amended complaint adding an unjust enrichment claim and claims that the defendants violated Section 14(a) of the Exchange Act and breached their fiduciary duties in connection with Parent’s 2012 proxy statement. On December 13, 14 and 17, 2012, the defendants moved to dismiss the amended complaint. On December 28, 2012, the plaintiff moved for leave to file a third amended complaint. On May 6, 2013, the court denied the motion for leave to amend, granted the motions to dismiss with prejudice and entered judgment in the defendants’ favor. On May 31, 2013, the plaintiff filed an appeal with the United States Court of Appeals for the Ninth Circuit. The appeal has been fully briefed and an oral argument date has been scheduled for October 20, 2015.

Xxxxxxxx I means Xxxxxxxx, et al. x. Xxxxx, Xxxxxxx & Xxxxxxxx Inc., et al., Case No. 17-cv-6685 (S.D.N.Y.), and any and all cases consolidated therewith.

Examples of Xxxxxxxx I in a sentence

• We helped them take their eye off the ball for a couple of quarters.

• The term “Xxxxxxxx I Settlement Agreement” shall mean the Settlement Agreement, dated February 13, 2006, between Ford and the plaintiffs in Xxxxxxxx I, as approved by the Court in Xxxxxxxx I.

• On April 8, 2014, the court granted the parties’ stipulation to stay the action pending resolution of Xxxxxxxx I by the United States Court of Appeals for the Ninth Circuit.

• Without limiting in any manner whatsoever the generality of the foregoing, the performance of any Settlement Actions by Ford may not be construed, viewed or used as an Admission by or against Ford that, following the termination of the Xxxxxxxx I Settlement Agreement, it does not have the unilateral right to modify or terminate retiree health care benefits.

• For purposes of determining a Class or Covered Group member’s status as a Protected Retiree under the terms of the Xxxxxxxx I settlement agreement, any pension increase negotiated in the 2007 Ford-UAW National Agreement shall not be included in the determination of pension income.

• Ford shall continue to deposit into the Existing External VEBA the wage and COLA deferrals set forth in Section 13.B of the Xxxxxxxx I Settlement Agreement (including the COLA deferrals and non-payment of the September 18, 2006 general increase to the hourly wage rate) until the termination of the Existing External VEBA.

• Very truly yours, (Original Signed By) Xxxx Xxxxxxxx I CONCUR: (Original Signed By) Xxxxxx X.

• A retiree participant may elect or withdraw consent for pension withholdings at any time by providing 45 days written notice to the Pension Plan administrator or such shorter period that may be required by law; provided, however, that Ford will not be required to obtain new affirmative consents from existing retiree participants who provided consent pursuant to the Xxxxxxxx I Settlement Agreement to the extent that any required contributions may be withheld in accordance with such prior consent.

• With respect to claims incurred on or prior to the Implementation Date, Retiree Medical Benefits for the Class and the Covered Group shall continue to be provided by the Ford Retiree Health Plan and the Existing External VEBA at the same level and scope as provided for by the Ford Retiree Health Plan and the Existing External VEBA under the Xxxxxxxx I Settlement Agreement, including Mitigation from the Existing External VEBA (for those entitled to it).

• The term “Stock Contribution Obligation” shall mean any and all obligations Ford may have to the Existing External VEBA under Section 13.C of the Xxxxxxxx I Settlement Agreement relating to cash contributions based on an increase in the value of Ford common stock.

More Definitions of Xxxxxxxx I

Xxxxxxxx I is defined in the recitals.